Important Update on Changes to T Nonimmigrant Status Guidance
Categories: Immigration Law
The United States Citizenship and Immigration Services (USCIS) has made some key updates regarding the T Nonimmigrant Status, also known as T visa, which is designed to protect certain victims of severe human trafficking. On April 30, 2024, the USCIS released a final rule that updated the guidance in their Policy Manual, in order to improve the application process for eligible victims and strengthen the T visa program.
What is T Nonimmigrant Status?
Obtaining a T visa allows certain victims of human trafficking to stay in the United States for an initial period of up to four years. This not only provides safety to victims, but it also allows timely access to important benefits that can help victims stabilize their lives.
Key Changes to Know:
- Immediate Effect: The new guidelines are effective immediately and impacts applications filed on or after August 28, 2024. Hence, if you applied before this date, the new rules won’t affect your eligibility.
- Broader Evidence Standards: The guidance now allows for expansion of “any credible evidence” standard to be used to support T visa applications, which makes it easier for victims to provide proof of their situation.
- Victim Centered Approach: The updated policy uses a trauma-informed and victim-centered method as a way to evaluate applications, which aims to take into consideration the unique experiences of victims.
- Bona Fide Determination: Clarification on the process of determining whether an application is “bona fide” (genuine), as a way to help applicants understand what is required.
- Exceptions for Departures: New exceptions have been introduced for applicants who have left the U.S. after experiencing trafficking and have trouble establishing proof of physical presence in the U.S. as an element of proving trafficking took place.
- Updated definitions: The definition of “law enforcement agency” has been revised for better clarity.
- Clarifies “for the purpose of “requirement: Applicants must show that the person responsible did something specific to intentionally force the applicant into a commercial sex act or make them a victim of involuntary servitude, peonage, debt bondage, or slavery.
- Reporting Requirements: Applicants are required to report their trafficking experience to the relevant law enforcement agency, which is crucial for meeting the application requirements.
Employment Authorization
USCIS recommends the T Visa applicant using form I-914 be filed together with employment authorization form I-765. USCIS will consider whether to grant the applicant deferred action with employment authorization while also processing the underlying T Visa application.
As this matter is subject to further updates, we encourage our readers to check the website regularly for updates regarding this and all matters regarding immigration law. Pasricha & Patel’s immigration department has extensive experience in handling business and personal immigration matters. Our team is happy to speak to you on your specific issues.